← Library
Bombay High CourtCA/252/2025rejected disposed of at admission stageexcept appeal

Inayatali Fayajsab Mujawar Died Thr Lrs Sayadali Inayatali Mujawar v. The State Of Maharashtra Through The District Collector Latur And ANR

2025-06-20Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:15720 1 961.CA.252-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 252 OF 2025 IN FAST/35343/2024 INAYATALI FAYAJSAB MUJAWAR DIED THR LRS SAYADALI INAYATALI MUJAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR LATUR AND ANR ...

Advocate for Applicant : Mr. Sonkawade Shrikant J AGP for Respondents/State : M. B.A. Shinde ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 20th JUNE 2025 PER COURT :

1.

Applicant is seeking condonation of delay of 4622 days in preferring appeal.

2.

Learned Counsel for the Applicant would refer to the grounds stated in the paragraph nos. 2 to 7 of the application for condonation of delay. It is contended that due to the compelling circumstances, appeal is preferred belatedly. The delay caused is not intentional and deserves to be condoned. He submits that even the Applicant is ready to forgo interest and statutory benefits for the delayed period.

3.

Learned AGP has referred to affidavit-in-reply filed for condonation of delay. It is submitted that no satisfactory and

2 961.CA.252-2025.doc bonafide reasons are stated in the application. The delay is inordinate and application is liable to be rejected.

4.

Having considered the rival submissions of the parties, the only reason pressed into service for condonation of delay is poverty of the Applicant and his ignorance. I have carefully gone through the grounds stated in paragraph nos. 2 to 6 of the application. The reasons for condonation of delay are not satisfactory. I do not find any case is made for condonation of delay which is in-ordinate. The submission of learned AGP will have to be accepted. 5.

Another facet of the matter is that there has to be finality the decision of Court of law. Payment of compensation in case of acquisition of land has repercussion over the public exchequer. Casual approach of the Claimants by filing the appeals belatedly cannot be countenanced.

6.

For the reasons stated above, Civil Application is rejected. SHAILESH P. BRAHME JUDGE NAJEEB..